Florida Slip And Fall Legal Questions

Unless the parking stop violated a specific ADA provision related to the location of the stop vs. the path to the accessability entrance, there is likely no liability for Target simply because you chose a different path to walk and did not see a parking stop in front of your own car. This would all revolve around how the handicapped parking is set up. ... Read More

Generally, NO. This likely falls into the classic"assumption of risk" category. Moreover, merely being slow for other calls is subjective standard and moreover, its is HIGHLY unlikely that the nursing staff would admit that they told anyone that a post-op patient should be assisted to the bathroom by anyone but the trained nursing personnel. ... Read More

Under Florida law you have four years from the date of accident to file a lawsuit for a premises liability claim, as you described. This is referred to as the statute of limitations.   If you believe there was negligence which caused your injury,  I recommend you IMMEDIATELY consult with a qualified personal injury attorney in your area.  An experienced attorney will demand the business preserve evidence,  including in store security videos ( which are frequently erased after about 48 hours or so) and take other actions to document what occurred. The lawyer will also give you guidance in dealing with medical bills, and will document that your injuries are related to the accident and establish the cost of your future medical care and extent of your injury and disability you will suffer in the future as a result. Important.  be careful when hiring a personal injury attorney. Often the mass advertising TV type lawyers are not your best option. They spend millions of dollars  producing slick commercials that bring in thousands of cases. You need to decide whether that lawyer can realistically give "your"  case the time and attention it deserves.   Important:  B very careful when hiring an attorney. Often the television and other mass advertising lawyers are not your best option as they deal... Read More

Where was the pavement? How far away from the curb? If it wasn't on the business's property you will most likley have to sue the city. Please contact my via email so we can discuss your case further to determine your options. My email is aric@aricwilliamslaw.com. I look forward to speaking with you.... Read More

This depends..Has the attorney filed a lawsuit? The majority of the public doesnt know that alot of lawyers just take cases to attempt to settle a case with the insurance company, without filing a lawsuit. If said lawyer doesnt file a lawsuit, then the file doesnt get transferred to a defense lawyer. Rather it stays with the insurance adjuster. The reason that alot of lawyers never file a lawsuit is very simple. First, they dont have to pay up any out of pocket costs to finance the case through mediation and trial (these costs can sometimes get 20k plus) and second, the only work they need to do is to talk on the phone with the insurance adjuster and attempt to settle the case. Insurance companies often times treat the file like a joke if suit isnt filed. This is true not all the time, but it does happen quite often. Ask your lawyer if a lawsuit has been filed and if he says no, then ask him if he plans to file suit if you reject the 5k offer. If he still says no, then quite possibly he is just trying to get a quick settlement..If your case has merit, then a good lawyer will file suit and take the case through discovery and mediation and if need be to trial. good luck...   Stephen Black 407-581-2581... Read More

It depends..How did the accident happen? What were your injuries? A potential defendant in these types of cases can not be held automatically at fault. The burden of proof is on the plaintiff to show that the defendant was negligent, and that the injuries were caused by that negligence   Stephen Black www.barristerblack.com... Read More

There may be a case. Typically, if the hotel was on notice that previous incidents happened and they did not take corrective measures, then they would be liable. I would be happy to discuss this case with you to get further information. I do not charge for consultations   Stephen Black www.barristerblack.com... Read More

Your fact pattern is a wee bit ambiguous as to how the accident happened. Assuming that your child was sliding down a carpet based surface and at some point in the process his foot got tangled into a a point in the carpet that was not properly maintained, then you would have a case. Under Fla law, a property owner has a duty to make regular inspections for any defects that are obvious or latent (hidden) to the naked eye. A significant issue in the case is the evidence that will establish that fact. Did u take any pictures of the place that caused your son to slip? Were there any other witnesses? Once these questions are explored and others that bear on ancillary issues, The issue of liability may become easier to analyze, but the facts are not enough to make aproper ascertation of liability   Stephen Black... Read More

With information provided the best I can say is "maybe". Also, when assessing fault, a lawyer needs to evaluate how much fault might reasonably be assessed on not just the workers and their employer, but on the plaintiff as well. The at-fault party is only responsible to pay damages based on their percentage share of the fault. A lawyer will need to look at pictures of the condition, or at least the area to get an idea what the condition would have looked like. Factors will include whether there was an reasonable alternative pathway for pedestrians to get past the area, whether there was warning signs; whether it occurred in during day or night; what better way they could have accomplished this making reasonable accommodations for pedestrians; etc.  This is just a sample of the factors to be looked at.  As a lawyer litigating personal injury claims for over 28 years, I can tell you these issues take an quality lawyer to properly evaluate and develop. For that reason you should be very careful before hiring one of the mass advertising TV type firms who are handling your case along with the thousands of other cases they bring in. There are many fine lawyers in Florida and recommend you seek out assistance of such a lawyer.   ... Read More

You may have a case and we can potentially help.  It depends on the facts of the case. We invite you to review our verdicts, our accolades and awards, and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally.  John represents clients in Florida, Georgia and Alabama with passion and compassion and is a Board Certified Civil Trial Lawyer, which means the Florida Bar allows him to be called an expert.  Only a small percentage of lawyers are able to be called an expert in this area.  Give us a call at 904-444-4444 or email John at jmp@knowthelawyer.com.... Read More